Agreed Record of the Fisheries Consultations Between the European Community and the Faroe Islands for 2006
Brussels, 25November 2005
1.A Delegation of the European Community, headed by Mr.Harm KOSTER and aDelegation representing the Home Government of the Faroe Islands, headed by Mr.Andras KRISTIANSEN, met in Brusselson 24 and 25November 2005 for consultations on mutual fisheries relations in 2006. A list of participants is attached as Annex 4.
2.In conformity with the Agreement on fisheries between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, the Delegations agreed to recommend to their respective authorities that the allocations for 2006 set out in Annex 1 should be made to vessels of either Party fishing in the waters of the other Party.
Mackerel
3.1The Delegations discussed issues relating to the management of mackerel. They referred to the fisheries consultations, which the European Community, the Faroe Islands, and Norway held in October 2005. The Delegations took note of the arrangement, which was reached in Tórshavn on 26October 2005 and emphasised its importance for an effective and responsible management of the mackerel stock.
The Delegations also expressed satisfaction about this year’s Annual meeting of the North-East Atlantic Fisheries Commission (NEAFC), which has resulted in the establishment of management measures for mackerel.
3.2The Delegations agreed to fix the mackerel quotas agreed upon for 2006 as set out in Annex 1 to this Agreed Record. The Delegations recalled that these figures are based upon a reference TAC of 373,535 tonnes.
3.3The Faroese Delegation expressed the view that the provisions of Article 9(1) of Council Regulation (EC) No. 894/97 would impair the fishing rights granted to the Faroe Islands for mackerel and horse mackerel in ICES fishing areas VIIe, f and h. Further the Faroese Delegation expressed its wish for extension of the areas for fishing these species to areas VIIg and VIIIa.
Quotas in Greenland waters
4.1Allocations to the Faroe Islands from the Community in Greenland waters for 2006 were agreed upon.
4.2The Delegations acknowledged that the Faroe Islands had been participating in a fishery on capelin in the waters of East Greenland under this agreement for a number of years. Nevertheless, they recognised that following a reassessment of the biological situation, the quantity available to the Community had been severely curtailed and hence the quantity available to the Faroe Islands had been reduced. The Delegations agreed that as soon as the capelin in the waters of Greenland becomes available again at the levels of previous years and taking account of the Community’s other commitments in its bilateral agreements, the Community will endeavour to make quantities available to the Faroe Islands for the fishing year in question against reciprocal fishing opportunities for the Community on quotas under Faroe Islands jurisdiction.
The Community Delegation informed the Faroe Islands Delegation that in view of its direct commitment to provide capelin in its fisheries agreement with Iceland, first priority would be given to that agreement.
4.3Faroe Islands Delegation regretted that it had not been possible to maintain the traditional allocation of Greenland halibut in the waters of East Greenland (ICES XIV/V). The Delegations agreed to consult on this issue as soon as possible.
4.4The Community Delegation stressed the importance of an allocation of Greenland halibut and urged the relevant coastal States to reach an agreement on the management of the stock.
Blue ling and ling
5.1The Community Delegation requested the continued possibility of taking by-catches within the blue ling and ling quota of roundnose grenadier and black scabbard fish at a level of no more than 1,080 tonnes, which would be counted against that quota.
5.2With reference to the by-catch provisions under the conditions hitherto specified in Executive Order No. 9 of 26January 1995, the Faroese Delegation agreed for 2006 to allow a maximum by-catch of 1,080 tonnes of roundnose grenadier and black scabbard within the quota for the blue ling and ling quota on an experimental basis.
Saithe
6.The Community Delegation explored the possibility of amending the rules for the saithe fishery in such a way that a certain amount of unavoidable by-catch of cod and haddock shall be counted against the saithe quota in order to allow the saithe fishery to continue when the cod and haddock quota has been exhausted. The Faroese side referred to the very strict management regime in force for cod and haddock in Faroese waters and could not, therefore, at this stage agree to such an amendment.
Blue whiting
7.1The Delegations noted with satisfaction that the coastal States had reached a technical agreement in Copenhagen on 2 November 2005 on a sharing arrangement for the blue whiting stock from 2006 onwards. The Delegations also agreed on the importance of ensuring an optimal biological, sustainable and economic utilisation of available fishing opportunities by Community and Faroese fisheries with due regard to the spatial limitation of relevant fishing grounds. In this context they agreed on the common advantages of having an appropriate access arrangement for shared migratory stocks in each other’s zones. The Community Delegationproposed that the Parties should revert to this issue in early 2006. The Faroese Delegation agreed to this proposal.
The Faroese Delegation raised their concern about the current non-possibility of a directed fishery on blue whiting in ICES fishing areas IIa, IVa, VIa (south of 5630’N) and VII (East of 12W). The Delegations agreed to revert to this issue at the time of discussions on access arrangements in early 2006.
7.2The Delegations discussed the blue whiting fishery pursued by the Faroe Islands in the Community zone and, in particular, the by-catch rule for argentine as at present. In order to make this fishery viable, it was agreed that the by-catch rule should only be enforced 24 hours after fishing has commenced. In the case of a fishery campaign shorter than 24 hours, the by-catch rule shall apply before the vessel leaves the fishing grounds.
Deep-sea species
8.The Delegations discussed the management of certain deep-sea species. They expressed concern about the state of these stocks in the light of recent scientific advice. As a continuation of the commitment to take due account of scientific advice in their future management decisions regarding these stocks, including decisions on mutual quota exchanges, the Delegations agreed to take some steps to reduce the mutual quota exchanges on these species.
Redfish
9.The Delegations discussed the management of redfish stocks in Faroese waters, the IrmingerSea and adjacent areas. They expressed concern about the state of the stocks in the light of recent scientific advice. The Delegations held the view that their future management decisions regarding these stocks, including mutual quota exchanges, should be taken with due regard to the scientific advice. They further agreed to reduce the quotas in Faroese and East Greenlandic waters.
Sandeel and Norway pout
10.Taking note of the state of the North Sea sandeel stock, the Delegations agreed that the Community would continue not to transfer its allocation of fishing possibilities of sandeel until an improvement in the stock size has been observed. With reference to the Community’s intention to establish a real-time monitoring system, the Delegations agreed to consult on the possible re-establishment of an allocation of sandeel to the Faroe Islands in an expeditious manner, as soon as the results of the monitoring system become available. Any allocation to the Faroe Islands in this respect should be balanced by allocations for similar fisheries to the Community fleet.
The Delegations noted that no directed fishery for Norway pout in Community waters is likely to be allowed in 2006. In the event that Norway pout fishery should be resumed in future years due regard will be taken to the traditional Faroese participation in this fishery.
Full utilisation of quotas
11.The Delegations agreed to work together to ensure the optimum utilisation of fishing opportunities in each other’s waters. To this end, they agreed to encourage the possibilities of swaps during the year in order to further optimise quotas and to the mutual benefit of both Parties.
Landings for industrial purposes
12.As regards landings for industrial purposes, it was agreed by the Delegations that such landings can only take place where adequate sampling systems are available to effectively monitor the landings of by-catches.
Atlanto-Scandian herring
13.The Delegations agreed on the importance of the Atlanto-Scandian herring fishery for their respective industries and on the need to ensure its rational and responsible exploitation. It was therefore with deep concern that the Delegations noted that it had not yet been possible to establish a five-Party coastal State agreement on the management of the Atlanto-Scandian herring for 2006. Both Delegations expressed their mutual disappointment at the lack of progress in these negotiations.
The Delegations agreed to continue their constructive co-operation on responsible management and to revert to the issue of a bilateral exchange of fishing possibilities at the appropriate time.
Fishery regulations
14.1The Delegations agreed that a Party intending to introduce or to amend fishery regulations applicable to vessels of the other Party shall inform the latter of such intentions at least two weeks in advance. Consultations shall be held, if so requested, by either Party. Particular reference was made to the permanent closure of the Faroe Bank for a directed cod and haddock fishery.
14.2As regards real time closures of areas due to high abundance of juvenile fish the competent authorities of the Faroe Islands will inform without delay Community Fishing Vessels operating in its waters. Community fishing vessels concerned have to leave the relevant area(s) within 6 Hours as from the time and date indicated in the notice sent to the vessel.
The competent authorities of the Faroe Islands will also inform without delay the European Commission and the relevant MemberStates of each closure. The European Commission will transmit before the end of 2005 the list with the authorities in the Community and their communication details. Upon request of the European Commission, the authorities of the Faroe Islands will submit a copy of the measure and the element justifying the adoption of this measure.
14.3The Delegation of the Community informed the Delegation of the Faroe Islands that the Community intends to amend the existing technical measures for vessels fishing in Community waters.
14.4The Delegation of the Faroe Islands informed the Community Delegation of their intention to introduce new regulations during 2006 to cover entry and exit from their waters, as well as new technical measures on mesh size and stowage plans.
14.5Both Delegations agreed that such new measures as cited under points 14.3 and 14.4 above will at the earliest first be implemented four weeks after their notification to the other Party in order to allow vessels to adapt to the new situation.
14.6The Delegations agreed to inform each other of the contact details for correspondence on legislative issues.
Licensing
15.The Delegationsagreed that the licensing system for 2006 will be identical to the one laid down in the “Agreed Record of Conclusions of Licence Arrangements between the European Community and the Faroe Islands for 1999”, signed in Brussels on 4November 1998. They agreed to meet early in 2006 with a view to examining whether this agreement on licence arrangements needs to be reviewed.
Permitted fishing vessels
16. The Delegations agreed that both Parties would ensure that measures are in place to confirm to vessels, on entering the other Party’s waters, whether or not they are included in the list of vessels that are permitted to fish.
Catch statistics
17.1The Delegations agreed that each Party shall supply the other with monthly and, where deemed necessary by either Party, weekly catch statistics of fishing by its vessels in the other Party’s zone. The Delegations also agreed to improve the existing procedures in order that the information so provided can be in the hands of the appropriate authorities with a minimum of delay.
17.2It was also agreed to communicate to either Party, on an experimental basis, the composition of catches under the “Others” quotas based on the information contained in landing declarations in accordance with their respective legislation.
17.3The Delegations agreed to inform each other of the contact details for correspondence on catch statistics.
Control and monitoring of Fisheries
18.The Delegations recognised the need for careful monitoring of fisheries covered by this arrangement to ensure the effective conservation of stocks.The Delegations agreed that the Parties should exchange officials as observers in relation to control and enforcement. The Delegations also agreed to continue the exchange of information, on a monthly basis and at more frequent intervals upon request, on landings by vessels of either Party and landings by third country vessels in the respective ports of the Parties.
Vessel Monitoring System
19.The Delegations expressed their satisfaction with the continuing co-operation on issues related to the Satellite Based Vessel Monitoring System (VMS) and noted that an agreement between the Parties had been concluded on 21 April 2005.
Electronic reporting system
20.In respect of control, the Delegations agreed to consider enhanced co-operation, including the examination of the feasibility of an Electronic Reporting system (ERS) for fishing vessels.
Weighing and inspection of pelagic landings
21.1The Delegations agreed that a great deal of progress had been achieved during 2005 in implementing the measures adopted in 2004. It was noted that the standardised percentage for the deduction of water had been introduced by all Parties and the primary objective of introducing the obligation to weigh all fish landed had been achieved. The Delegations also noted that agreement had also been reached in the Working Group of Control Experts on Methods and Procedures for Weighing Pelagic Fish on a harmonised methodology for conducting full inspections of landings. The measures agreed for the weighing and inspection of landings of mackerel, herring and horse mackerel are set down in Annex 2.
The Delegations agreed in principle that the measures agreed between the Parties for the weighing and inspection of landings of mackerel, herring and horse mackerel should also cover landings of blue whiting. The Delegations agreed that the Working Group of Control Experts on Methods and Procedures for Weighing Pelagic Fish should meet in early 2006 to discuss the implementation of weighing provisions.
The Delegations agreed that it was necessary to continue to closely monitor the implementation of the measures and to evaluate the application of the harmonised methodology for full inspections. In this regard the Delegations agreed that information on the follow up of infringements should be exchanged as proposed by the Working Group. The Delegations also agreed that close attention should be paid to landings by vessels outside the geographical areas in which the fisheries on the pelagic stocks covered by the agreement between the Parties take place.
21.2The Delegations agreed that further consideration should be given to the development of the joint pilot project to place observers on board fishing vessels to monitor discards and high grading. It was also agreed that technical issues should be kept under review, such as tamper proofing and reliability of weighing equipment, problems of calibration of such equipment and the percentage of water content deduction.
21.3The Delegations also took note of goals that had been previously identified such as the need for appropriate sanctions in case of violations and agreed that the work should be continued in order to make further progress on outstanding issues identified in the report of the Working Group.
Working Group of Control Experts
22.The Delegations agreed that a Working Group of Control Experts should be established together with Norway in order to address the issues concerning landings of pelagic fish outlined above and to discuss other control problems of a mutual interest. It was agreed that the Working Group shall meet early in 2006 under the Terms of Reference set down in Annex 3.
Control of blue whiting fisheries
23.The European Community Delegation informed the Faroese Delegation that from 1 January 2006 a specific licence arrangement for the blue whiting fishery would be introduced whereby third-country vessels intending to fish for blue whiting in Community waters shall commence their fishing trip without any catch on board. It would also be required of such vessels that they either fully discharge their catch in a Community port or leave Community waters through specified control areas. Notwithstanding any inspections that may be carried out at sea the competent authorities of the coastal MemberState concerned may require vessels to present themselves for inspection at a convenient port prior to leaving Community waters.
The Faroese Delegation informed the European Community Delegation of its intention to enhance the control of blue whiting fisheries in Faroese waters by introducing specific measures, such as closed areas, grids in trawls to reduce the by-catch of certain species and control points for fishing vessels.